Litigation In Progress Between Homeowner and Select Portfolio Servicing
Complete Information is naturally available on PACER. This is a subset of the last few years' contentions and civil action court filings between homeowner and Select Portfolio Servicing.
Pacer Case # 1:14-CV-1569 QWR lawsuit "Please provide a certified copy of the note in its current condition".......still waiting
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The first response from all is a motion to dismiss for failure to state a claim. It's just normal business for the other side to try to win on technicalities and get your case dismissed
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We oppose all defendants' motion to dismiss.
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The judge decides to dismiss 2 of 3 named defendants, and severely caution the third, SPS. Why waste time?
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The defendant replies in affirmation of defense.
The plaintiff asks for information in support of discovery, and questions defendant claim of privilege.
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Defendant asks for information from the plaintiff, and gives notice to depose parties of interest.
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Plaintiff receives incomplete or unintelligible response to discovery, and repeats question in order to clarify.
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Plaintiff expands discovery directly to trustee and document custodian, still seeking information.
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Defendant asserts privilege and immunity of whatever information he has shared with counsel, while necessarily preparing defense.
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Defendant opposes associate being held in contempt of court.
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The judge dismisses various motions that have accumulated.
Defendant SPS reminds judge that there is no violation here, and time is ripe for summary judgment and dismissal. A jury would just get confused and waste time for everyone.
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Plaintiff finds more investigation results, and requests to reopen discovery.
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The judge grants defendant's motion for summary judgment, and writes her opinion. A jury would no doubt be very confused, and might make a mistake with such complexity.
Defendant notifies court of error, and intention to appeal erroneous conclusion.
The loser pays costs of litigation, or is prepared to explain why not.
And now...we go to APPEAL!